Which scenario describes a federal court going against the principle of precedent

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Which scenario describes a federal court going against the principle of precedent?

A court rules that a state is allowed to racially segregates restrooms because earliercourts ruled in favor of segregated busesPolice charge a defendant with a crime=?= the defendant is found guilty or not guilty=?Whichstatements best complete the diagram of the steps in a federal criminal case?

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journal article

Why Must Inferior Courts Obey Superior Court Precedents?

Stanford Law Review

Vol. 46, No. 4 (Apr., 1994)

, pp. 817-873 (57 pages)

Published By: Stanford Law Review

//doi.org/10.2307/1229094

//www.jstor.org/stable/1229094

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Abstract

The doctrine of hierarchical precedent is so deeply ingrained in judicial practice and consciousness that its dominance has rarely been questioned, and, paradoxically, its validity has never been justified. In addressing that paradox, Professor Caminker undertakes a comprehensive inquiry into the constitutional and rationalist justifications for the doctrine, outlining and assessing the various arguments supporting differing degrees of autonomy for the lower courts. He concludes that while the doctrine of hierarchical precedent is ultimately defensible, it is not as obviously defensible as the doctrine's strength would suggest. Further, no one single rationale justifies the practice for all levels of the judiciary. A persuasive account must rely on a combination of constitutional and prudential arguments. Finally, Professor Caminker argues that his account of the underpinnings of hierarchical precedent helps resolve current controversies in constitutional law and jurisprudence, including whether existing Supreme Court decisions would still bind inferior federal or state courts if Congress stripped the Supreme Court's appellate jurisdiction over some cases, and whether bankruptcy judges must obey federal district court precedents.

Journal Information

Founded in 1948, the Stanford Law Review is a general-interest academic legal journal. Each year the Law Review publishes one volume, which appears in six separate issues between November and May. Each issue contains material written by student members of the Law Review, other Stanford law students, and outside contributors, such as law professors, judges, and practicing lawyers. Approximately 2,600 libraries, attorneys, judges, law firms, government agencies, and others subscribe to the Law Review. The Law Review also hosts lectures and an annual live symposium at Stanford Law School.

Publisher Information

The Stanford Law Review is operated entirely by Stanford Law School students and is fully independent of faculty and administration review or supervision. The principal missions of the Law Review are to contribute to legal scholarship by addressing important legal and social issues, and to educate and foster intellectual discourse at Stanford Law School. In addition to producing a publication, the Law Review also hosts lectures and an annual live symposium.

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How does the federal judicial system promote the constitutional principle of rule of law quizlet?

How does the federal judicial system promote the constitutional principle of rule of law? By ensuring that the law passed by congress are fairly applied to all citizens.

What is the principle of precedent?

Precedent refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. Precedent is incorporated into the doctrine of stare decisis and requires courts to apply the law in the same manner to cases with the same facts.

What is an example of a Supreme Court precedent?

Precedent Set: A state can deny unemployment benefits to a worker fired for using illegal drugs, even if used in a religious ceremony. This 1990 Supreme Court case began when two Native American men working in Oregon were fired for using peyote after failing a drug test.

What does precedent mean to the Supreme Court?

2014) (defining precedent as a decided case that furnishes a basis for determining later cases involving similar facts or issues ). The Court may also rely on commentary on these cases by academics and judges.

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